Applegate Farm beach party a go after town backs off

By Linda Moss

OF THE MONTCLAIR TIMES |

The Montclair Times

Hurricane Irene may throw a wet blanket on Applegate Farm’s beach party this Saturday, but the township won’t be putting the kibosh on it.

Montclair's Applegate Farm on Grove Street has been holding Octoberfest events for the past 18 years. But the township has warned the company that conducting such events may require a zoning variance. Applegate Farm has a Beach Party set for Saturday.

After initially informing Applegate Farm President Jason Street that his parties at the Grove Street ice cream shop in Montclair appeared to be in violation of the business’s zoning, the township has backed off. That means that Street can proceed without any worries with a big end-of-summer bash Beach Party that he has planned for Saturday, weather permitting.

Last Friday, Township Planning Technician and Zoning Officer Richard Charreun sent Street a letter that essentially said that Applegate Farm, operating in Montclair since 1848, may have needed a variance to have held its free Family Fun Nights on Wednesdays this summer. Using that logic, it essentially meant that Applegate Farm should not go ahead with its Beach Party this weekend.

"I feel that we have a very good relationship with the community and a very good relationship with the town," Street said. "I was a little disappointed that someone from the town couldn’t have picked up a phone and called me Friday prior to sending out this letter."

Street said he intends to proceed with his beach party. He is waiting until tomorrow, Friday, and the weather reports, to decide whether to bring in three truckloads of sand for his shindig.

"[The Beach Party] is going to go on as long as Hurricane Irene, that’s coming up the coast, doesn’t affect me," he said.

On Tuesday, Township Attorney Ira Karasick said that he had met with Charreun and Janice Talley, director of the municipal Department of Community Development, to go over the Applegate Farm case. They went over materials relating to Applegate Farm’s events, and decided that Street has every right to hold them.

"We think these things are typical marketing activities, promotional events," Karasick said, and as such are a permitted use. The township was sending Street a letter to that effect, according to Karasick.

Because of the initial letter from Charreun, Street had feared that the township would also quash the annual Octoberfest celebration that Applegate Farm has held for the past 18 years, where it gives out thousands of free pumpkins to kids every year. That event is slated for Saturday, Oct. 1.

"I don’t feel like we’ve done anything wrong by giving back to the community for free entertainment," Street said. "They just said I was in violation of the code for non-conforming use of the property for offering the games, entertainment, basically, for the kids, and that it wasn’t consistent with our current business practices, for selling ice cream."

Charreun said that his initial letter to Street didn’t make any threats, and was just informational. He contacted Applegate Farm after getting several anonymous complaints about the parties that the ice cream shop had held.

"Nobody is going to go out there and stop anything," Charreun said. "It’s not that kind of thing. It’s zoning. It’s not a life-safety question."

"I’m kind of let down personally that if somebody has a problem, that they can’t just come over and talk to me about it," he said. "We give so much back to the community. We do so many things for the neighborhood. We even have neighborhood barbeques that we host here."

Applegate Farm is a business that was grandfathered in to operate in a one-family residential zone, according to Charreun, and having parties could have been be considered an expansion of its current zoning.

When Street got the first letter from the township, he got in touch with 1st Ward Township Councilman Rich Murnick.

"Immediately when Applegate contacted me, and they were alarmed to have some kind of letter, I sprung into action as Jason’s councilman and called the right people," Murnick said. "And I’m glad we got to the culmination here with plenty of time to go, that this party is on and there will be plenty of ice cream for all."

Street’s family has owned Applegate Farm since 1980, and he has owned it since April 1994.

"I know Jason personally, and he and his family are tremendous supporters to the township," Murnick said. "For the township to act like they acted, in my opinion, was probably not the right order of events that should have happened. But I’m real excited that we were able to straighten things out and have this party go forward."

Street stressed that he has always had a good relationship with municipal officials and with his neighbors.

During Family Fun Nights, which were held from June to August. Applegate Farm would provide entertainment for kids on the "fun nights" on Wednesday nights, according to Street.

This is the first year that Applegate Farm has scheduled have an end-of-the-summer bash. The Beach Party, set for noon to 6 p.m. Saturday, will feature beach volleyball, boardwalk games, a beach dance contest, an ice cream eating contest, a sand castle contest, beach music spun by a DJ, face painting, food, drinks and ice cream.

"We’re probably going to have three inches of sand in the side parking lot," Street said.

Murnick said he wants to be a judge at the Beach Party’s ice cream eating contest.

Montclair's Applegate Farm on Grove Street has been holding Octoberfest events for the past 18 years. But the township has warned the company that conducting such events may require a zoning variance. Applegate Farm has a Beach Party set for Saturday.

After initially informing Applegate Farm President Jason Street that his parties at the Grove Street ice cream shop in Montclair appeared to be in violation of the business’s zoning, the township has backed off. That means that Street can proceed without any worries with a big end-of-summer bash Beach Party that he has planned for Saturday, weather permitting.

Last Friday, Township Planning Technician and Zoning Officer Richard Charreun sent Street a letter that essentially said that Applegate Farm, operating in Montclair since 1848, may have needed a variance to have held its free Family Fun Nights on Wednesdays this summer. Using that logic, it essentially meant that Applegate Farm should not go ahead with its Beach Party this weekend.

"I feel that we have a very good relationship with the community and a very good relationship with the town," Street said. "I was a little disappointed that someone from the town couldn’t have picked up a phone and called me Friday prior to sending out this letter."

Street said he intends to proceed with his beach party. He is waiting until tomorrow, Friday, and the weather reports, to decide whether to bring in three truckloads of sand for his shindig.

"[The Beach Party] is going to go on as long as Hurricane Irene, that’s coming up the coast, doesn’t affect me," he said.

On Tuesday, Township Attorney Ira Karasick said that he had met with Charreun and Janice Talley, director of the municipal Department of Community Development, to go over the Applegate Farm case. They went over materials relating to Applegate Farm’s events, and decided that Street has every right to hold them.

"We think these things are typical marketing activities, promotional events," Karasick said, and as such are a permitted use. The township was sending Street a letter to that effect, according to Karasick.

Because of the initial letter from Charreun, Street had feared that the township would also quash the annual Octoberfest celebration that Applegate Farm has held for the past 18 years, where it gives out thousands of free pumpkins to kids every year. That event is slated for Saturday, Oct. 1.

"I don’t feel like we’ve done anything wrong by giving back to the community for free entertainment," Street said. "They just said I was in violation of the code for non-conforming use of the property for offering the games, entertainment, basically, for the kids, and that it wasn’t consistent with our current business practices, for selling ice cream."

Charreun said that his initial letter to Street didn’t make any threats, and was just informational. He contacted Applegate Farm after getting several anonymous complaints about the parties that the ice cream shop had held.

"Nobody is going to go out there and stop anything," Charreun said. "It’s not that kind of thing. It’s zoning. It’s not a life-safety question."

"I’m kind of let down personally that if somebody has a problem, that they can’t just come over and talk to me about it," he said. "We give so much back to the community. We do so many things for the neighborhood. We even have neighborhood barbeques that we host here."

Applegate Farm is a business that was grandfathered in to operate in a one-family residential zone, according to Charreun, and having parties could have been be considered an expansion of its current zoning.

When Street got the first letter from the township, he got in touch with 1st Ward Township Councilman Rich Murnick.

"Immediately when Applegate contacted me, and they were alarmed to have some kind of letter, I sprung into action as Jason’s councilman and called the right people," Murnick said. "And I’m glad we got to the culmination here with plenty of time to go, that this party is on and there will be plenty of ice cream for all."

Street’s family has owned Applegate Farm since 1980, and he has owned it since April 1994.

"I know Jason personally, and he and his family are tremendous supporters to the township," Murnick said. "For the township to act like they acted, in my opinion, was probably not the right order of events that should have happened. But I’m real excited that we were able to straighten things out and have this party go forward."

Street stressed that he has always had a good relationship with municipal officials and with his neighbors.

During Family Fun Nights, which were held from June to August. Applegate Farm would provide entertainment for kids on the "fun nights" on Wednesday nights, according to Street.

This is the first year that Applegate Farm has scheduled have an end-of-the-summer bash. The Beach Party, set for noon to 6 p.m. Saturday, will feature beach volleyball, boardwalk games, a beach dance contest, an ice cream eating contest, a sand castle contest, beach music spun by a DJ, face painting, food, drinks and ice cream.